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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA, Pension Credit and casual work


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I am receiving ESA (Support group) due to permanent injuries from a rear end car collision I was in (not my fault). I have been told by the Pension Credit folk in Edinburgh that there is virtually no difference between the two, and the rates will be the same.

 

However, when I am able I do some casual work (as a mystery shopper) and I earn maybe an average of £5 per week. I know this is disregarded, but I'm concerned that if this increases to maybe £25 per week it will affect the pension credit. I think I've found out that PC allows £5 per week but ESA allows £99.50 per week. Is this true? And if so, have I made a mistake applying for the change? It seems to me that the information given me by the PC folk in Edinburgh may have been untrue. I need some help with this please.

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I am receiving ESA (Support group) due to permanent injuries from a rear end car collision I was in (not my fault). I have been told by the Pension Credit folk in Edinburgh that there is virtually no difference between the two, and the rates will be the same.

 

However, when I am able I do some casual work (as a mystery shopper) and I earn maybe an average of £5 per week. I know this is disregarded, but I'm concerned that if this increases to maybe £25 per week it will affect the pension credit. I think I've found out that PC allows £5 per week but ESA allows £99.50 per week. Is this true? And if so, have I made a mistake applying for the change? It seems to me that the information given me by the PC folk in Edinburgh may have been untrue. I need some help with this please.

 

Umm! Being in the support group means you are severely ill that you cannot do any work, so please be careful and do your homework before undertaking any new job, otherwise you'll may find your esa changed by the dwp because they may say your circumstances changed since your last medical.

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That's not quite correct Helen. It means that I cannot hold down any reasonable part time or full time work. I can do the occasional hour or two a week when I'm feeling able to, and in my own schedule and my own pace. That's exactly why a small amount of work does not affect the claim. I have more than 'done my homework' as you put it. I have spoken with various very helpful people at ESA. The DWP are fully aware of my position, I'm not hiding anything, and I'm not doing anything untoward. The support group fully allows for small amounts of work, recognising that this does not mean you are not so disabled (not 'ill') that you are unable to do full or part time work. That's the point of the really low limit. If you can't work more than the stated number of hours, or the set amount of income, you are not in full time or part time work. Think about it. £25 per week is hardly a part-time job now is it?

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DWP do accept that people do have good and bad days. There would only be a problem if the OP worked for more than 16 hours a week / the work contradicted the reason why they can't work.

 

I think I heard it was all changing under universal credit; but I can't quite remember what the changes will be. There's some information here under "working and claiming ESA".

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Umm! Being in the support group means you are severely ill that you cannot do any work, so please be careful and do your homework before undertaking any new job, otherwise you'll may find your esa changed by the dwp because they may say your circumstances changed since your last medical.

 

Anybody that is in the Support Group of ESA is entitled under the 'Permitted Work' regulations to work up to 16 hours a week and earn up to £100 a week with no time restrictions (year in, year out).

 

Being in the Support Group does NOT mean that 'you are severely ill that you cannot do any work'. What it actually means is that you have gained more than 15 points from the various descriptors and that you have received the maximum points in one of the Support Group descriptors. This has nothing whatsoever to do with being ill.

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Anybody that is in the Support Group of ESA is entitled under the 'Permitted Work' regulations to work up to 16 hours a week and earn up to £100 a week with no time restrictions (year in, year out).

 

Being in the Support Group does NOT mean that 'you are severely ill that you cannot do any work'. What it actually means is that you have gained more than 15 points from the various descriptors and that you have received the maximum points in one of the Support Group descriptors. This has nothing whatsoever to do with being ill.

 

All correct, but can I just add that it's not only people in the Support Group that can do Permitted Work. The rule applies to anyone on ESA.

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All correct, but can I just add that it's not only people in the Support Group that can do Permitted Work. The rule applies to anyone on ESA.

 

I agree, but being in the Support Group there is no 12 month limit as there is in the 'Work group' to work up to 16 hours and earn no more than £100 a week.

 

Many that are in the Support Group continue to work for their employer albeit on reduced hours and/or reduced income. It's a sensible way to increase your benefit income especially if you are in the Support Group.

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